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SMITH v. GTE CORP.

No. 99-12833.

236 F.3d 1292 (2001)

Chester SMITH, individually and on behalf of all others similarly situated, Merle Fisher, individually and on behalf of all others similarly situated, et al., Plaintiffs-counterdefendants-Appellants, Cross-Appellees, v. GTE CORPORATION, GTE South, Inc., Defendants-counterclaimants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 4, 2001.

Attorney(s) appearing for the Case

Michael Straus, Straus & Boies, LLP, Thomas L. Krebs, Peyton D. Bibb, Jr., J. Michael Rediker, Ritchie & Rediker, LLC, Russell Jackson Drake, Joe R. Whatley, Jr., Whatley Drake, LLC, Peter H. Burke, Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham, AL, Stephen P. Gregory, Tuscaloosa, AL, for Plaintiffs-counterdefendants-Appellants, Cross-Appellees.

Peter Kontio, Michael P. Kenny, Alston & Bird, Atlanta, GA, Lee Edmundson Bains, Jr., Carl Stanley Burkhalter, Maynard, Cooper & Gale, P.C., Birmingham, AL, for Defendants-counterclaimants-Appellees, Cross-Appellants.

Before CARNES and BARKETT, Circuit Judges, and POLLAK, District Judge.

CARNES, Circuit Judge:

In this putative class action suit, the plaintiffs assert various state law claims based on an alleged scheme by the defendants, GTE Corporation and GTE South, Inc. (collectively "GTE"), to defraud their customers into leasing telephones and paying exorbitant lease charges. GTE filed a motion to dismiss, contending that the Alabama Public Service Commission ("APSC"), which regulates public utilities...

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